MOHAN GUPTA Vs. STATE (GOVT OF NCT DELHI)

JUDGEMENT

(1.) The present petition has been filed under Sec. 483 of BNSS 2023 read with Sec. 36A(3) of the NDPS Act, 1985 seeking regular bail in connection with FIR No.0357/2019 under Ss. 21(c)/29 NDPS Act registered with P.S. Crime Branch.

(2.) The case of the prosecution is that on 25/12/2019, a secret information was received by ASI Ashok Kumar at Narcotics Cell, Crime Branch mentioning therein that a person namely Gopal r/o Nangloi, Prem Nagar, Delhi is indulging in the supply of Heroin in Delhi and he would be coming to supply Heroin to unknown person near Railway Phatak Kirari, Nangloi, Delhi between 2:00 PM to 4:00 PM. A raiding team led by ASI Ashok Kumar was constituted and trap was laid at the place of information. At the instance of secret informer, two persons, namely, Kailash @ Gopal and Mohan Gupta (present petitioner) were apprehended. They were found in possession of a scooty bearing registration no.DL-11SX-7693, which co-accused Kailash @ Gopal was driving. Upon search of scooty, 510 grams of heroin was recovered.

(3.) Mr. Aditya Aggarwal, the learned counsel appearing on behalf of the petitioner submits that the petitioner is in custody for almost 4 years 6 months and only one witness has been examined out of total fifteen witnesses cited by the prosecution.